FEBRUARY 4, 2026 – Summary judgment motion was granted in the plaintiff-friendly environs of the Bronx in a premises liability case.(see attached decision) The plaintiff’s family was a tenant and not only controlled the leased premises but also had recently painted the ceiling in the bedroom where a partial collapse of the ceiling had occurred such that res Ipsa loquitur did not apply. We proved as counsel for the property owner that there was no known leak or water-related condition since our superintendent testified that he had not observed any water, staining, or sagging prior to the incident; that there was no plumbing above the area in question and no prior complaints regarding a specific condition on the subject ceiling. The testimony of the plaintiff’s mother regarding general cracks in the ceiling did not identify a specific defect or prove the cause of the partial collapse of the ceiling sufficient to prove the necessary notice to the property owner to prove liability.
Steve Verveniotis, Abe Warmbrand, and James Volpe worked on this astounding victory.